Hello I am a lawyer with over 15 years experience I will try to help you with this.
Can you just clarify for me is it the insurers for the downstairs property who are writing to you? What in general terms is their letter about and was the cause of the elak the defective machine itself with no fault in the fitting of the machine?
Customer: The letter is from a company DAc beach croft ltd ther are instruted by the insurance company to peruse the recovery of the money for the damage coused. They are asking me to confirm when the washing machine was fitted and whom it was fitted by.
Customer: <span class="JA_chatMessage"Customersays:10:00 PMThe letter is from a company DAc beach croft ltd ther are instruted by the insurance company to peruse the recovery of the money for the damage coused. They are asking me to confirm when the washing machine was fitted and whom it was fitted by.
Customer: The machine is now fitted in the same way way it was fitted at the time of the water damage
Is that what the letter is mainly about or is it a letter threatening action against you. How confident are you that the fitting was not part of the problem?
Customer: Not very confident about fitting but on both accations we have fitted the machines the letter does not threton us but is asking who fitted it
Did Argos or any plumbers make any comments about the cause of the leak? Did they ask for details of your insurers? You will probably need to notify your insurers as there is a potential claim against you and if you have insurance cover for this you will almost certainly be under an obligation to tell them about any potential claims as soon as you become aware of them. A failure to do so could lead them to refuse to pay up. I think you will need to tell them who did the fitting but will need to think of ways to rebut any suggestion that defective fitting caused the leak. Was the defect that led to it being replaced one that caused a leak?
Customer: No the machine was working fine however after a month it stopped futioning. Argos did not know about the water leak as the machine was still working when this happened so no questions were asked. We did not have any plumbers come to our property from the insurance company or otherwise.
Customer: The insurance company is the same as property below as we have buy with the freeholder downstairs.
I think my earlier answer stands, you will need to tell them I think and also notify your insurers separately.
Customer: But my insures are the the ones who are in persuing the recovery
Customer: I understand sorry yes I must get in touch with this company and the insures separately
Yes but the claims making and claims defending departments may be quite separate within the organisation. The letter has come from a 3rd party instructed by the insurance company and it would therefore be prudent to inform your insurers yourself. You can probably tell that I have a somewhat sceptical attitude about insurance companies but this is based on experience I am afraid.
Customer: Thanks for your help I will tell them just one last question if they do make us liable would we have to pay straight away or would they take circumstance into the equation?
Who would have to pay and how much will depend on a number of factors. However the basic position if the insurers cover the losses is that you will have to pay the value of the excess on then insurance policy.